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South Dakota Public Utilities Commission Meeting
August 4, 2020, at 9:30 A.M. CDT
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Gary Hanson called the meeting to order. Present were: Commissioners: Chris Nelson and Kristie Fiegen; Commission Attorney: Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorney: Amanda Reiss; Staff: Kaitlyn Baucom; William M. Van Camp, Olinger, Lovald, McCahren, Van Camp & Thompson, P.C. representing AT&T; Darla Rogers, Riter Rogers, LLP representing Venture Communications Cooperative; and Bob Mercer, KELOLAND reporter.
Joining the meeting by telephone were: Commission Attorney: Karen Cremer; Staff Attorney: Kristen Edwards; Staff Analysts: Patrick Steffensen, Eric Paulson, Lorena Reichert, Brittany Mehlhaff, Joseph Rezac, Darren Kearney and Jon Thurber; Consumer Affairs Manager: Deb Gregg; Scott Bohler, Citizens Telecommunication Company of Minnesota, LLC; Marlene Bennett, Consortia Consulting representing Kennebec Telephone Company; Ryan Taylor, Cutler Law Firm representing Interstate Telecommunications Cooperative, Inc. and Midstate Communications, Inc.; Shannon Wendel and Troy Schilling, West River Telecommunications; Rod Bowar, Kennebec Telephone Co., Inc.; Jason Topp, CenturyLink QC; Jason Keil, Kyle White and Jerrad Hammer, Black Hills Power, Inc. dba Black Hills Energy; Diane Votino, Katelyn Lynch-Butcher, John Palmolea and Neil Hammer, MidAmerican Energy Company; Bryce Haugen, Cary Stephenson and Lynn Wolters, Otter Tail Power Company; Pat Mastel, Midcontinent Communications; Melissa Schmit, Geronimo Energy, LLC; Mollie Smith, Fredrikson & Bryon, P.A. representing Wild Springs Solar, LLC; Judy Bundorf, Bundorf Family Trust; and Kimberly Craven, self.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Staff Attorney: Deb Gregg)
The Commission received a total of 36 contacts since the last report was prepared for the July 23, 2020, Commission meeting.
Seven contacts were related to telecommunication services, 10 contacts were related to electrical services, six contacts were related to wireless service, four contacts were related to the Do Not Call Registry, two contacts were related to wind energy, one contact was related to the Grain Warehouse program, six contacts were related to issues not regulated by the PUC.
654 of the 667 contacts received in 2020 have been resolved.
Complaint
1. CT20-001 In the Matter of the Complaint of Venture Communications Cooperative against AT&T Mobility (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
Ms. Darla Rogers, Riter Rogers LLP representing Venture Communications Cooperative asked that the Commission approve the Joint Motion for adoption of Procedural Schedule. Mr. William M. Van Camp, Olinger, Lovald, McCahren, Van Camp & Thompson, P.C. representing AT&T and Ms. Amanda Reiss, staff attorney, concurred. Commissioner Nelson requested that testimony be prefiled for parties who will testify at the evidentiary hearing.
Commissioner Nelson moved to grant the motion to adopt the Procedural Schedule and require witnesses who will testify at the evidentiary hearing file prefiled testimony. Motion carried 3-0.
Electric
1. EL19-034 In the Matter of the Application of Black Hills Power, Inc. dba Black Hills Energy for Approval of a Revision to the Commercial and Industrial Energy Efficiency Solutions Adjustment (EESA) Rates (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
Mr. Jason Keil, Black Hills Power, Inc. dba Black Hills Energy (BHE), stated that the company will not file a new Energy Efficiency Solutions Adjustment (EESA) plan. Ms. Lorena Reichert, staff analyst, requested the Commission’s direction regarding BHE’s termination of the program.
Commissioner Fiegen moved to accept Black Hills Power, Inc. dba Black Hills Energy’s notification filing. Motion carried 3-0.
2. EL20-013 In the Matter of the Application by Meridian Wind Project, LLC for a Permit of a Wind Energy Facility and a 345-kV Transmission Facility in Hyde County, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Kristen Edwards)
Ms. Kristen Edwards, staff attorney, requested to withdraw the motion. The motion was withdrawn.
3. EL20-018 In the Matter of the Application by Wild Springs Solar, LLC for a Permit of a Solar Energy Facility in Pennington County, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)
Ms. Amanda Reiss, staff attorney, recommended that the Commission adopt the Procedural Schedule and require prefiled testimony for witnesses to testify at an evidentiary hearing. Ms. Judy Bundorf, Bundorf Family Trust, and Ms. Mollie Smith, Fredrikson & Bryon, P.A. representing Wild Springs Solar, LLC, had no objection to the Procedural Schedule or requiring prefiled testimony for witnesses to testify at the evidentiary hearing.
Commissioner Hanson moved to grant the Motion and adopt the Procedural Schedule. Motion carried 3-0.
4. EL20-019 In the Matter of Otter Tail Power Company’s Petition for Approval of Phase-In Rider Rate (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Joseph Rezac; Staff Attorney: Amanda Reiss)
Ms. Lynn Wolters, Otter Tail Power Company, requested that the Commission approve Otter Tail’s annual update. Mr. Patrick Steffensen, staff analyst, recommended the Commission approve the $1,624,525 revenue requirement for the September 1, 2020, through August 31, 2021, plan year. This results in a 6.521 “percent of bill” phase-in rider factor effective September 1, 2020.
Commissioner Hanson moved to approve Otter Tail Power Company’s Phase-In Rider Rate and revised tariff sheet effective September 1, 2020 through August 31, 2021. Motion carried 3-0.
5. EL20-021 In the Matter of the Filing by MidAmerican Energy Company for Approval of Tariff Revisions to its Rates for Cogeneration and Small Power Production Facilities (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
Ms. Katelyn Lynch-Butcher, MidAmerican Energy Company (MidAmerican), asked that the Commission approve MidAmerican’s tariff revisions with an effective date of August 15, 2020. Mr. Eric Paulson, staff analyst, recommended the Commission approve MidAmerican’s request.
Commissioner Fiegen moved to approve MidAmerican’s tariff revisions with an effective date of August 15, 2020. Motion carried 3-0.
Gas and Electric
1. GE17-003 In the Matter of Staff’s Request to Investigate the Effects of the Tax Cuts and Jobs Act on South Dakota Utilities (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen; Staff Attorneys: Kristen Edwards, Amanda Reiss)
Ms. Katelyn Lynch-Butcher, MidAmerican Energy Company (MidAmerican), asked that the Commission approve MidAmerican’s 2nd TERM reconciliations and revised tariff pages. Ms. Brittany Mehlhaff, staff analyst, recommended the Commission approve MidAmerican’s request with an effective date of August 28, 2020.
Commissioner Nelson moved to approve MidAmerican Energy Company’s 2nd TERM reconciliations and revised tariff page effective August 28, 2020. Motion carried 3-0.
2. GE20-003 In the Matter of the Filing by MidAmerican Energy Company for Approval of a Revised Customer Information Welcome Booklet (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
Ms. Katelyn Lynch-Butcher, MidAmerican Energy Company (MidAmerican), asked that the Commission approve the proposed revisions to MidAmerican’s Customer Information Welcome Booklet. Ms. Brittany Mehlhaff, staff analyst, recommended the Commission approve MidAmerican’s revised Customer Information Welcome Booklet as filed on August 3, 2020.
Commissioner Fiegen moved to approve the proposed revisions to MidAmerican’s Customer Information Welcome Booklet as filed on August 3, 2020. Motion carried 3-0.
Telecommunications
1. TC20-012 In the Matter of the Approval of an Unbundled Network Elements (UNEs) – Resale Forbearance Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Spectrotel, Inc. dba OneTouch Communications dba Touch Base Communications for the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC asked that the Commission approve the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Spectrotel, Inc. dba OneTouch Communications dba Touch Base Communications for the State of South Dakota. Ms. Amanda Reiss, staff attorney, stated that the agreement was properly filed, properly executed, and does not appear to contain discriminatory provisions, and no comments were filed. Ms. Reiss recommended that the Commission grant approval.
2. TC20-037 In the Matter of the Approval of an Unbundled Network Elements – Resale Forbearance Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Northern Valley Communications, LLC (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC asked that the Commission approve the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Northern Valley Communications, LLC. Ms. Amanda Reiss, staff attorney, stated that the agreement was properly filed, properly executed, and does not appear to contain discriminatory provisions, and no comments were filed. Ms. Reiss recommended that the Commission grant approval.
3. TC20-038 In the Matter of the Approval of an Unbundled Network Elements – Resale Forbearance Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Airus, Inc. fka IntelePeer, Inc. (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC asked that the Commission approve the Interconnection Agreement Qwest Corporation dba CenturyLink QC and Airus, Inc. fka IntelePeer, Inc. Ms. Amanda Reiss, staff attorney, stated that the agreement was properly filed, properly executed, and does not appear to contain discriminatory provisions, and no comments were filed. Ms. Reiss recommended that the Commission grant approval.
4. TC20-039 In the Matter of the Approval of an Unbundled Network Elements – Resale Forbearance Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Onvoy, LLC (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC asked that the Commission approve the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Onvoy, LLC. Ms. Amanda Reiss, staff attorney, stated that the agreement was properly filed, properly executed, and does not appear to contain discriminatory provisions, and no comments were filed. Ms. Reiss recommended that the Commission grant approval.
5. TC20-040 In the Matter of the Approval of an Unbundled Network Elements – Resale Forbearance Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and EnTelegent Solutions, Inc. (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC asked that the Commission approve the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and EnTelegent Solutions, Inc. Ms. Amanda Reiss, staff attorney, stated that the agreement was properly filed, properly executed, and does not appear to contain discriminatory provisions, and no comments were filed. Ms. Reiss recommended that the Commission grant approval.
6. TC20-041 In the Matter of the Approval of an Unbundled Network Elements – Resale Forbearance Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and BCN Telecom, Inc. (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC asked that the Commission approve the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and BCN Telecom, Inc. Ms. Amanda Reiss, staff attorney, stated that the agreement was properly filed, properly executed, and does not appear to contain discriminatory provisions, and no comments were filed. Ms. Reiss recommended that the Commission grant approval.
7. TC20-042 In the Matter of the Approval of an Unbundled Network Elements – Resale Forbearance Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Peerless Network of South Dakota, LLC (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC asked that the Commission approve the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Peerless Network of South Dakota, LLC. Ms. Amanda Reiss, staff attorney, stated that the agreement was properly filed, properly executed, and does not appear to contain discriminatory provisions, and no comments were filed. Ms. Reiss recommended that the Commission grant approval.
In dockets TC20-012, TC20-037, TC20-038, TC20-039, TC20-040, TC20-041 and TC20-042, Commissioner Nelson moved to approve the amendment to the Interconnection Agreements. Motion carried 3-0.
8. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC20-007, TC20-008, TC20-017, TC20-032, TC20-034 and TC20-036
TC20-007 In the Matter of the Request of Interstate Telecommunications Cooperative, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391654) (Staff Analyst: Lorena Reichert; Commission Attorney: Adam de Hueck)
Mr. Ryan Taylor, Cutler Law Firm, LLP representing Interstate Telecommunications Cooperative, Inc. (Company), asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Ms. Lorena Reichert, staff analyst, recommended that the Commission grant the Company’s request.
TC20-008 In the Matter of the Request of Interstate Telecommunications Cooperative, Inc., fka SSTELECOM, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399013) (Staff Analyst: Lorena Reichert; Commission Attorney: Karen Cremer)
Mr. Ryan Taylor, Cutler Law Firm, LLP representing Interstate Telecommunications Cooperative, Inc., fka SSTELECOM, Inc. (Company), asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Ms. Lorena Reichert, staff analyst, recommended that the Commission grant the Company’s request. Further discussion regarding docket TC20-008 was held in confidential session.
TC20-017 In the Matter of the Request of Kennebec Telephone Co., Inc. for Certification Regarding its Use of Federal Universal Service Support (Study Area 391668) (Staff Analyst: Patrick Steffensen; Commission Attorney: Adam de Hueck)
Ms. Marlene Bennett, Consortia Consulting, representing Kennebec Telephone Co., Inc. (Company), asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Mr. Patrick Steffensen, staff analyst, recommended that the Commission grant the Company’s request.
TC20-032 In the Matter of the Request of West River Telecommunications Cooperative for Certification Regarding its Use of Federal Universal Service Support (Study Area: Mobridge–391671) (Staff Analyst: Patrick Steffensen; Commission Attorney: Adam de Hueck)
Ms. Darla Rogers, Riter Rogers, LLP representing West River Telecommunications Cooperative (Company), asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Mr. Patrick Steffensen, staff analyst, recommended that the Commission grant the Company’s request.
TC20-034 In the Matter of the Request of Midstate Communications, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: ILEC-391670 and CLEC-399011) (Staff Analyst: Patrick Steffensen; Commission Attorney: Adam de Hueck)
Mr. Ryan Taylor, Cutler Law Firm, LLP representing Midstate Communications, Inc. (Company), asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Mr. Patrick Steffensen, staff analyst, recommended that the Commission grant the Company’s request.
TC20-036 In the Matter of the Request of Midcontinent Communications for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399005) (Staff Analyst: Eric Paulson; Commission Attorney: Karen Cremer)
Mr. Pat Mastel, Midcontinent Communications, (Company), asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Mr. Eric Paulson, staff analyst, recommended that the Commission grant the Company’s request. Further discussion regarding docket TC20-036 was held in confidential session.
Commissioner Nelson moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the use of Federal Universal Service Support in TC20-007, TC20-017, TC20-034, and TC20-032. Motion carried 3-0.
Commissioner Hanson placed TC20-008 and TC20-036 at the end of the meeting for confidential session in order to ask questions regarding confidential information.
Commissioner Nelson moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the use of Federal Universal Service Support in TC20-008. Motion carried 3-0.
Commissioner Nelson moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the use of Federal Universal Service Support in TC20-036. Motion carried 3-0.
9. TC20-021 In the Matter of the Request of Citizens Telecommunications Company of Minnesota, LLC for Certification Regarding its Use of Federal Universal Service Support (Study Area 361123) (Staff Analyst: Patrick Steffensen; Commission Attorney: Karen Cremer)
A lengthy discussion took place for docket TC20-021. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2020, August 4, 2020, recording located at: https://puc.sd.gov/commission/media/2020/puc08042020.mp3
Commissioner Fiegen moved to grant the waiver and certify Citizens Telecommunications Company of Minnesota, LLC. Motion failed 0-3.
Public Comment
Ms. Kimberly Craven made public comments.
There being no further business, at the hour of 11:11 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/Macy Jo Murren_______
Macy Jo Murren
Administrative Specialist
puc@state.sd.us
August 4, 2020
